Tag Archives: Mediation

What You Need to Know About Medicare Mediation

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Mediation can be used to help resolve disputes in an array of practice areas, including insurance and Medicare claims.

About the Process

Mediation is assisted negotiation in which a trained neutral third party assists parties try to resolve their legal dispute. While litigation places parties as adversaries to each other, mediation focuses on the parties working together to solve a mutual problem. The process begins with an introduction of basic rules and then the mediator may break up into private caucuses with each party to better understand the legal issues involved and to move the parties toward an amicable solution.

Benefits of Mediation

Mediators are trained in effective communication and conflict resolution skills. Mediators use these skills to help parties get a broader understanding of their case and the drawbacks of continued litigation. Mediation is a voluntary process. The parties do not have to go through this process unless they agree to do so. Once they are at mediation, they can fully participate in the process. This allows them to have greater control over the possible resolution of their claim. Mediation is typically more affordable than continued litigation and the need to pay ongoing legal fees. What is said in mediation is kept confidential, so the parties can freely communicate without worrying about things they say being repeated at a later point in the process.

When Mediation May Be Effective

Mediation can be effective in a variety of situations. It can be a viable solution if the parties have reached an impasse in communication, when they are interested in maintaining confidentiality, when they do not need to establish precedent for other cases or when only one solution is possible under the circumstances.

Implementing Mediation in Hurricane Claims

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When a hurricane hits, sizable damage can occur. Entire communities can be devastated. Property owners may feel real losses as they try to get their lives back on track. However, insurance companies are often under immense pressure during these times. Emotions may be elevated. Problems can become even more pronounced when hurricane claims are denied. Mediation can help resolve many legal issues related to claims, including:

Coverage

Disputes may arise when the parties do not agree about whether claims are covered under the policy. There may be differences in claims related to water or flood damage as opposed to wind damage. Certain natural events may be excluded altogether. A payment issue may have caused a temporary lapse to occur when a hurricane struck. Insurance companies and property owners may be able to resolve coverage disputes with the help of a trained third party neutral.

Evaluation of Property Claims

One of the most common disputes related to insurance claims is the cost to repair or replace damaged property. It is not uncommon after a natural disaster for local contractors to take advantage of the situation and to provide high quotes for repairs, leaving property owners and insurance companies at odds. Mediation can help provide efficient resolutions of these disputes. A mediator may be able to recommend options that both parties may agree to, such as choosing a neutral third party to complete an appraisal of the cost of making such repairs.

Fraud Claims

Insurance adjusters may be concerned about parties trying to take advantage of a natural disaster by making claims based on damages that were not otherwise covered. Property owners may be concerned that insurance companies are fraudulently denying their claims. Mediation can help clear up misunderstandings and avoid fraud claims from either side.

Fair Housing ADR Considerations

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Fair housing matters may be litigated in courts, or they may proceed through alternative dispute resolution methods, including arbitration and mediation. Some important considerations for fair housing matters include:

Discrimination

State and federal prohibit discrimination in housing on various grounds. These grounds include discriminating against the sale, rental or financing of housing based on a person’s color, sex, national origin, religion, pregnancy, marital status, family status, disability, age or other specific factors. Discrimination may also occur if a housing provider changes the terms of housing, quotes different rates or applies different policies based on these factors. Discrimination may also be present if housing providers demonstrate preference for a certain group of people over others.

Potential Outcomes

When fair housing matters are litigated, the court may have some flexibility in the relief provided since housing often affects equitable laws. Therefore, a possible remedy may be for a buyer or renter to be able to move into a desired property. In ADR, the parties may brainstorm possible solutions to resolve their legal dispute. Their final settlement may be based on requirements that a court may not necessarily consider or have the authority to impose, such as requiring more education for the housing providers or implementing a new program.

Options

Parties who do not want to litigate their fair housing matter may decide on a common form of alternative dispute resolution such as mediation or arbitration. Mediation is a process in which parties involved in a legal dispute work together to reach a mutual solution. The process is voluntary, and the mediator does not impose a ruling on the parties. Arbitration is similar to litigation in that the parties present testimony and witnesses to the decision maker. However, many of the procedural requirements are often relaxed and an arbitrator with subject matter expertise can be selected.

Creative Solutions for Alimony Disputes in Mediation

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Alimony is one of the most contentious aspects of a divorce case with the parties often taking polarizing positions. One spouse may feel that his or her contributions to the marriage are not appreciated and may feel that he or she has a right to alimony. The higher-earning spouse may resent the idea of having to provide financial support to whom he or she is divorced. Mediation can often bridge the gaps between the parties and provides the opportunity for creative solutions.

A mediator who is mediating an alimony dispute can talk to each party separately. During these one-on-one conversations, the parties may reveal that they share many of the same goals, such as wanting an amicable relationship, wanting financial responsibility for both parties, providing economic stability for the children and wanting eventual self-sufficiency. By talking to each party in a respectful way and targeting the parties’ shared goals, the mediator can often help the parties move from their positions toward an amicable compromise.

By reciting their goals and interests, the parties can then open themselves up to resolving their legal dispute through creative solutions. For example, a spouse may agree to not pursuing alimony if he or she can walk away with a valuable asset, such as the marital home. The parties may agree to other alternatives, such as splitting the time more equitably with the children so that each parent is responsible for them and associated expenses roughly half of the time. A spouse may agree to set up a trust and provide payments for specific purchases or uses. The parties are free to agree to any decision that they reach so long as it is legal, so this allows a lot of flexibility for the spouses.

Mediation of Food and Drug Disputes

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Over the last several decades, mediation has been used as an effective tool in diverse causes of action. Mediation has been used to effectively help resolve a variety of cases, including highly publicized food and drug disputes. This strategy may be used in cases involving product liability, shareholder disputes related to the value of stock when safe measures were not used, adverse side effects and other problems plaguing the food or drug process.

In mediation, the parties are able to acknowledge the drawbacks of continued litigation. For plaintiffs, this includes expensive litigation that can potentially drag on for years while they wait for their award. For defendants, this includes negative publicity that can adversely affect the value of their products on the open market and the potential for an unsympathetic jury to award an extreme amount in damages.

Parties involved in mediation who resolve their dispute during this process get to play a direct role in how any settlement agreement is worded. In addition to deciding any fair settlement money award, the parties can also agree to other parameters for their settlement. For example, they may indicate how they want a recall to be carried out. They may agree to the settlement funds going into an escrow account and distributed a certain way. They may agree to new warnings that should be placed on products. In these ways, parties can reach effective solutions to help avoid problems in the future while also feeling that they have worked collaboratively to execute an acceptable agreement.

Why Food and Drug Disputes Are Not Suited to Litigation

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Consumers often hear about contentious issues involving food or drug products. Items may be recalled or may be alleged to cause harm though the manufacturer refuses to issue a recall. Class action lawsuits may be formed after adverse side effects are realized from the use of certain products. However, these disputes often cause negative ramifications for both parties of the litigation.

For plaintiffs, the more claimants that form the class dilute the overall award that each individual plaintiff stands to recover. The longer litigation drags on, the more legal fees and costs are incurred so that if the case does eventually settle or is resolved at trial, the more the lawyers make in the process and the less the individual claimants receive in the form of compensation for damages. Food and drug manufacturers are often aware that they have greater leverage in these disputes than the claimants. They may intentionally make litigation drag on while regular people who have medical expenses and other damages from the effects of food or drug products continue to suffer.

For defendants, food and drug issues often create negative publicity for manufacturers. Their public image may suffer if they are perceived by the public as not caring about consumers’ health or safety. The value of their stock may plummet as national coverage of the recall or dispute is provided to the matter. Manufacturers may face ongoing legal expenses that can easily amount to hundreds of thousands or millions of dollars before the case is resolved.

Alternative dispute resolution options like mediation and arbitration minimize the risk for both parties. They give them more decision-making authority during the process, rather than moving the parties toward an uncertain outcome due to decisions made by a judge or jury.

Resolving Energy Disputes in an Effective and Timely Manner

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Energy disputes can be contentious matters involving a number of parties such as private companies, landowners, customers and regulatory agencies. Alternative dispute resolution is increasingly becoming a preferred method to involve disputes arising in this industry due to the significant advantages that it has over traditional litigation.

Energy disputes are often complex and may include problems such as titles to oil and gas rights, exploration and production disputes, lease termination, royalties, contracts, construction of pipelines and energy facilities and other energy-related disputes. In this manner, energy disputes may involve various aspects of the law beyond energy law. They may involve commercial law, contracts, real property law and other aspects of the law. One of the primary benefits of mediation is the ability to select a mediator who has an in-depth knowledge of these issues and a proven track record of resolving complex disputes of this nature.

During mediation, the parties are each given an opportunity to explain why they believe the dispute arose and what they are hoping to gain from the mediation process. The mediator may be able to suggest other benefits that can be realized through resolving the dispute in mediation, such as the saving of time and money that would otherwise be redirected toward litigation.

The parties may be divided into private caucuses where the mediator can meet with each party individually. This process allows the mediator to uncover the hidden interests of the parties that can be considered during possible negotiations. Additionally, the mediator can provide an objective opinion about the potential outcomes that could arrive in litigation so that the parties can make well-informed decisions about how to resolve their case. Many cases resolved in mediation emerge with relationships intact and creative solutions to the underlying problem.